The appellant appealed judgments declaring that the provisions regarding English instruction in Chapter VIII of the Charter of the French language (Bill 101) were inconsistent with the Canadian Charter of Rights and Freedoms.
The Supreme Court of Canada dismissed the appeal, holding that sections 72 and 73 of Bill 101 are inconsistent with section 23 of the Charter and are of no force or effect to the extent of the inconsistency.
The Court found that the limits imposed by Bill 101 on minority language educational rights could not be justified under section 1 of the Charter, as section 23 was specifically drafted to remedy the type of regime established by Bill 101.
